What is the German Patent and Trademark Office (DPMA)? German Patent and Trademark Office (DPMA) Review

Responsibilities and organization

1. Acceptance, examination and authorization of invention patent applications;

2. Acceptance, examination and registration of applications for utility models, industrial designs, trademarks and integrated circuit layout designs, as well as publication of relevant information;

3. Represent the government in supervising and managing industrial property rights and adjudicating disputes over industrial property rights authorization.

The intellectual property laws and regulations promulgated by the German government include the Patent Law, Utility Model Law, Trademark Law, Design Law, Copyright Law, Employee Invention Law, etc. DPMA is responsible for all industrial property authorization and management matters.

The German Patent and Trademark Office consists of four departments and one branch: the first department is the Patent Department, which consists of two branches, namely General Machinery, Mechanical Engineering, Patent Management, and Electrical, Chemical and Physical Examination Departments, which are mainly responsible for the approval of patent applications in various technical fields. The second department is the Information and Communication Department, which is responsible for internal and external information and communication, document services, classification, examination document management, information technology management, planning and development. The third department is the Trademark and Design Department, which is responsible for the registration and management of trademarks, utility models and designs. The fourth department is the Center Management and Legal Affairs Department, which is responsible for the overall comprehensive management, planning and deployment, and legal affairs. The Jena Branch is responsible for the examination and registration of designs and trademarks, and has the Design Department, Trademark Department, Personnel Department and the Berlin Technical Information Center affiliated to the Jena Branch.

history

On May 25, 1877, the German Patent Office was established in accordance with the then current patent law. The institution was named the Imperial Patent Office and began operations in Berlin on July 1 of the same year.

In 1949, the former German Imperial Patent Office was renamed the German Patent Office, headquartered in Munich and affiliated to the Federal Ministry of Justice.

On October 3, 1990, the functions of the former Office for Inventions and Patents of the German Democratic Republic were merged into the German Patent Office.

On November 1, 1998, the German Patent Office was officially renamed the German Patent and Trademark Office (DPMA), with its main offices in Munich, Jena (since September 1998) and Berlin (Berlin Technical Information Center), with its headquarters in Munich.

Review Process

The German Patent and Trademark Office adopts a substantive examination system for invention patent applications. The approval procedure is usually as follows:

1. Filing an application and preliminary (formal) examination of a patent application

The application documents should include the request, specification, abstract of the specification and claims, etc. After accepting the patent application, the Patent Office will first conduct a formality examination and assign an application number and application date to applications with complete application documents and qualified formalities.

2. Publish the application

Applications that pass the preliminary examination procedure will be published 18 months after the filing date (or the priority date if there is a priority date).

3. Independent search and request for substantive examination

If the applicant submits an independent search request, the examiner will need to conduct a comprehensive (limited scope) search of the relevant prior art to confirm which published (prior art) documents can be considered to determine the patentability of the invention required by the application. The search process ends when the search report (with copies of all cited documents) is sent to the applicant.

If the applicant (or in individual cases a third party) wishes to obtain a German patent or at least a comprehensive assessment of the patentability of the subject matter of the claims, the applicant must submit a request for examination to the DPMA within 7 years from the filing date.

4. Substantive Examination

At the request of the applicant, an examiner will jointly conduct search and substantive examination, write an office action, disclose the defects in the application, and decide how to proceed based on the applicant's response. If the applicant still fails to make correct corrections to the pointed out defects in the reply (statement and/or amendment), the examiner will issue a second notice if it is foreseeable that the application is likely to be granted. It is rare for a third or more office actions to be issued.

During the review process, the examiner may formally summon the applicant or his agent to hold a hearing, or have informal contact with him by phone or in-office interview, depending on the case review situation. In addition, the examiner may obtain evidence by listening to the opinions of the applicant, witnesses or experts when appropriate. The examiner shall keep a record of the hearing or evidence collection.

5. Authorization, Rejection and Objection

If the examiner believes that the application can be closed, the application will be granted, or a rejection opinion with sufficient reasons will be issued. If the applicant is dissatisfied with the rejection decision, he or she may file an appeal with the German Patent and Trademark Office within one month after the decision is issued. If the appeal fails to achieve relief, he or she may appeal to the German Federal Patent Court.

Within 3 months after the patent authorization is published, any third party has the right to raise an objection to the authorized patent.

The German Patent and Trademark Office adopts a registration system for utility model applications, without substantive examination. Usually, the application can be approved within 4-6 months, and the protection period is 10 years. Because utility model applications are time-effective and can assist invention patents in obtaining early protection, they can be applied for together with invention patents, or they can be applied separately to meet the needs of marketing and publicity.

The German Patent and Trademark Office implements a formal examination system for designs. If the disclosure of a design or the dissemination of products using the design does not violate public order or social morality, it will be registered. It will be published in the form of a gazette about two months after registration. It usually takes four months from application to publication, and the protection period is 20 years.

References

• 1. About the German Patent Office: German official website